Dear Secretary Perry:
Thousands of Veterans are being defrauded of their Department of Veterans Affairs (VA) and Social Security Disability Insurance (SSDI) benefits because of their exposure to radioactive waste, debris, or material from the nuclear weapons program.
Because the source of the radioactive contamination is classified (nuclear weapons program), the environmental records (site assessment and remediation) and our military records (administrative and medical) are also classified. The withholding of these classified records (crucial evidence) results in the denial of the injured Veteran’s VA and SSDI disability claims for lack of documentation of their Service Connected (SC) injuries. This wrongful denial results in the defrauding of the Veterans and their family members of medical care and compensation. Additionally, we (the injured Veterans) are being denied our property interest right to due process under the Fifth Amendment to the US Constitution. (CUSHMAN v. SHINSEKI)
In the mid-1990s, President Bill Clinton and Hazel O’Leary, Secretary of Energy, declassified the Human Radiation Experiments. This declassification and release of non-disclosure agreements (NDA) enabled thousands of Veterans and their family members to get medical care and compensation because the Veterans’ Service Connected (SC) injuries were recognized.
As an Air Force Veteran, Secretary of the Department of Energy, and friend of President Trump, you are in a unique position to understand and fix this injustice. Please investigate the problem, talk to President Trump, and fix this problem. If the records cannot be declassified and released, can a letter be issued, if warranted, stating that we (the injured Veteran) were severely and permanently disabled as the result of a classified activity while in the military? This letter would enable us to qualify for VA disability and medical care, and Social Security Disability Insurance (SSDI) benefits. The approval of our VA and SSDI disability claims would enable our family members to qualify for TRICARE, CHAMPVA, and Medicare.
These are some of the thousands of Veterans who would be helped by the declassification and release of information documenting our radiation exposure:
- Atomic Cloud Sampling Veterans (including the “HOT” wash rack Veterans)
- Enewetak Atoll Atomic Debris Cleanup Veterans
- Broken Arrow atomic cleanup Veterans (e., Palomares, Spain)
- Accidental exposure Veterans (like myself)
I know that thousands of Veterans and their family members would be grateful to you and President Trump if you can correct this travesty of justice.
Thank you for considering my request,
Frank Vera
George AFB, CA – Hazardous Toxic & Radioactive Waste (HTRW)
PO Box 1313
Jamestown, CA, 95327-1313
Phone: 209-782-4541
Email: xx
Website: www.GeorgeAFB.Info
Department of Energy
Washington, DC 20585
May 9, 2018
Mr. Frank Vera III
George AFB, CA- HTRW
P.O. Box 1313
Jamestown, California 95327-1313
Dear Mr. Vera:
I have been asked by Secretary Perry to respond to your email letter dated April 11, 2018, concerning the declassification of nuclear weapons-related information as it relates to the denial of benefits to veterans who may have been exposed to radioactive waste debris or material during the course of their military service.
First, as a fellow veteran, let me thank you for your service to the nation. Veterans know better than most the many sacrifices required while in the military service. Denial of benefits because personnel and health records are inaccessible for reasons of classification is totally unacceptable. While the Atomic Energy Act (AEA) provides the basis for the classification of Restricted Data (RD) and Formerly Restricted Data (FRD), much of this information, and virtually all information related to health and medical studies of personnel, has been declassified since 1950.
Personnel/medical files were sometimes (erroneously) marked as RD or FRD because of other activities performed by units at a particular Department of Defense (DoD) facility. The Department of Energy has worked closely with its partners at the DoD and the Department of Veterans Affairs to make clear that health records of veterans should not be classified as RD or FRD. While the DoD and military services may have other reasons for classifying such record, the AEA cannot be the basis for such classification.
I hope this information proves useful. Again, thank you for your military service.
My staff contact on this matter is Mr. Richard J. Lyons. He may be reached at (301) 903-6936 or [email protected].
Sincerely,
Matthew B. Moury
Associate Under Secretary for Environment, Health, Safety and Security
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